Motorcycle accidents can lead to challenging times for everyone involved. Dealing with medical bills, lost wages, and property damage can be overwhelming.
Finding fault in a motor vehicle crash isn't the easiest task in the world. The insurance company and the victim's lawyer must evaluate the case specifics to determine liability.
How Does the Insurance Company Determine Fault in a Motorcycle Accident?
Right after a motorcycle accident, the plaintiff's insurance company will start to investigate the incident. It appoints an insurance adjuster to assess the details of the motorcycle crash, including the accident scene, property damage, and all injuries. Schuerger Shunnarah Trial Attorneys can also go over the benefits of wearing motorcycle protective gear.
A motorcycle accident investigation is essential to determine fault and process claims from the at-fault party.
The victim must notify their own insurance company right after an accident. This is a common practice to ensure their rights are protected and they have a higher chance of recovering compensation.
In some cases, seeking a case evaluation from an experienced law firm is in the plaintiff's best interests. Many lawyers also offer free, confidential consultation sessions to help victims understand the complications of the lawsuit.
What to Do in the Aftermath of a Motorcycle Accident
The priority after a motorcycle accident is ensuring safety. Therefore, the victim should check themselves and their passenger(s), if any, for injuries. They should also move to a safe location.
After confirming safety, the victim must dial 911 and contact first-responders. Many injuries may seem minor initially, but they can cause damage beneath the skin.
Professionals can assess the severity of the injuries. Calling police officers and medical practitioners also creates a formal report that the victim can use in legal proceedings.
Collecting Evidence
The injured motorist should document the motorcycle crash scene for evidence, if possible. This involves taking pictures of the vehicles and road conditions. Collecting insurance company details and witness statements is also crucial.
The victim must write the other party's name, phone number, and address. It's important not to point fingers and start a blame game at the accident scene.
Being Cautious
Also, the plaintiff must not admit fault when the law enforcers question them. If the at-fault motorist's insurance company calls the victim with a settlement offer, they should consult their motorcycle accident attorney first.
Maintaining Records
On top of that, the victim should keep records of all expenses related to the motorcycle accident. This includes medical bills, vehicle repair costs, and any lost wages due to injuries. These claims are vital during the motorcycle accident insurance investigation.
Reporting the Case
In many cases, the plaintiff has to report the motorcycle accident to the Department of Motor Vehicles (DMV). A lawyer can help the victim report the crash in time.
Common Damages the Victim Must Bear in Motorcycle Accidents
A motorcycle accident can be incredibly disruptive and costly for the victim. Understanding the common damages they have to bear can help them prepare before the statute of limitations runs out.
Medical Expenses
One of the most immediate costs in a motorcycle accident is medical expenses. These include hospitalization, surgeries, medications, physical therapy, and ongoing medical care.
Property Damage
Motor vehicle crashes can often result in damage to the bike. Repairing the motorcycle can financially burden the victim, especially if it isn't covered by insurance.
Pain and Suffering
These are non-economic losses that can be challenging to quantify. Pain and suffering account for physical and emotional distress, such as pain, disability, disfigurement, and mental trauma.
The insurance company might try to cut down on compensation or ignore the claim altogether for such losses since it's hard to put a number on emotional distress.
However, a qualified attorney can help the victim through the motorcycle accident insurance investigation process. They can negotiate with the insurance adjuster and secure maximum reimbursement.
Legal Fees
This is not a direct consequence of the crash itself. Legal fees can be necessary if the victim chooses to hire an attorney to help with their motorcycle accident investigation.
Out-of-pocket Expenses
Various out-of-pocket expenses can add up quickly after a motorcycle accident. These may include costs for temporary transportation, vehicle modifications, and medical equipment.
Funeral Costs
Tragically, many motor vehicle crashes result in fatalities. In these events, the victim's family may have to bear the funeral and burial costs.
A successful personal injury lawsuit or motorcycle accident insurance investigation can offset such expenses and financially relieve the surviving members.
How Can a Lawyer Help During the Motorcycle Accident Insurance Investigation?
Dealing with an insurance claims adjuster can be a daunting process. However, victims can confidently navigate the legal system if they seek legal help from a reputable lawyer. A qualified attorney can make a significant difference in ensuring the victim's rights.
1. Expertise
Personal injury attorneys specialize in motor vehicle accident cases. They understand the many laws and regulations that apply to such lawsuits. Their legal expertise can be invaluable when negotiating with an insurance claims adjuster.
2. Protection
A lawyer knows how to protect their client's rights throughout the investigation. They ensure the victim doesn't make any statements or take actions that could negatively impact their insurance claim.
3. Research
Attorneys are skilled at gathering and preserving evidence. They can collect crucial information, such as accident reports, medical records, and witness statements.
4. Investigate
It's essential to prove fault in a motorcycle accident. A lawyer can investigate the case and establish responsibility. This information can also help to maximize compensation from the liable party's insurance claims adjuster.
5. Consultation
The victim's lawyer can explain their legal options, including settling or pursuing a lawsuit. They provide clients with informed choices to help them make decisions that align with their interests.
Final Words
Motorcycle accident insurance investigations are vital in all states, including Texas. However, they can be pretty confusing for the average person. Schuerger Shunnarah Trial Attorneys can explain what to do if you witness a motorcycle accident.
Legal professionals can protect the victim's rights and ensure they recover the compensation they truly deserve.
No one wants to imagine being in a motorcycle accident, but it's more common than most people think. Being prepared can positively impact the road to recovery and resolution.
Stating "We Go to War for You," Schuerger Shunnarah Trial Attorneys offer free consultation sessions to help clients understand the process.